[2014] FWCA 2491

[2014] FWCA 2491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd [Facility Management]
(AG2014/3582)

FAIRBROTHER PTY LTD [FACILITY MANAGEMENT] TASMANIAN ENTERPRISE AGREEMENT 2014

Tasmania

COMMISSIONER LEE

MELBOURNE, 11 APRIL 2014

Application for approval of the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2014 (the Agreement). The application was made by Fairbrother Pty Ltd [Facility Management] pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Consultation provision in clause 12 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] Subject to the matter outlined above, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

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